|
|
|
|
Political
and Administrative System
|
|
    
     |
|
|
Country
Info
|
South
Africa |
| Map |
|
| Flag |
|
| Basic
Social and Demographic Data |
|
|
|
|
|
| Government
Type : |
Republic
|
| Legal
System: |
Based on Roman-Dutch law and English common
law; accepts compulsory ICJ jurisdiction,
with reservations
|
| Political
Independence: |
31
May 1910 (from UK) |
| How
many levels of government are there currently
and what are they? |
Government
is constituted as national, provincial and
local spheres of governments, which are distinctive,
interdependent and interrelated. The spheres
of government are driven by principles of
co-operative government and intergovernmental
relations is established in the constitution. |
Administrative
Division
(as of 1999): |
9
provinces: Eastern Cape, Free State, Gauteng,
KwaZulu-Natal, Mpumalanga, North-West, Northern
Cape, Northern Province, Western Cape |
| Number
of Administrative Regions: |
9
in 1998, 4 in 1993, 4 in 1988 |
|
|
| Constitution: |
Adoption
(date): (161)
|
8
May 1996
|
Comment (161):
|
Last
amended in March 1999.
**
Both chambers of parliament sitting as a Constitutional
Assembly approved the revised version of South
Africa's constitution in October 1996, which
came into force in February 1997. During the
drafting, the IFP had boycotted the proceedings
in protest at a variety of issues related
to regional powers. Though the ANC made concessions,
federalist principles were not embodied in
the final constitution. The main innovation
of the constitution was to introduce a Bill
of Rights guaranteeing a wide range of civil
liberties.
For the first time South Africa now takes
its legal cues from the constitution itself,
turning away from the previous, British-influenced
model in which parliament had supreme authority
to shape the law. Nevertheless, most of the
constitution can be altered on the basis of
a two-thirds majority (except the Bill of
Rights, which needs a three- quarters majority)
in both houses of parliament.
The Constitutional Court functions rather
like the US Supreme Court but with a brief
that is limited to constitutional affairs.
It has clearly demonstrated its independence
from the ANC-led government, notably in its
demands for amendments to the draft final
constitution. |
| What
institutions, ministries, agencies, and other
bodies are defined by the constitution as
making up the following branches of central
or national government? (162) |
Legislative:
(163A)
|
In
the Republic the legislative authority of
the national sphere is vested in Parliament
as set out in Section 44 of the Constitution.
In the Provincial sphere of government authority
is vested in the provincial legislature as
set out in section 104 . In the local sphere
of government the legislative authority is
vested in the Muicipal Councils, as set out
in section 156 of the Consitution.
*
*
bicameral parliament consisting of the National
Assembly (400 seats; members are elected
by popular vote under a system of proportional
representation to serve five-year terms)
and the National Council of Provinces (90
seats, 10 members elected by each of the
nine provincial legislatures for five-year
terms; has special powers to protect regional
interests, including the safeguarding of
cultural and linguistic traditions among
ethnic minorities); note following the implementation
of the new constitution on 3 February 1997
the former Senate was disbanded and replaced
by the National Council of Provinces with
essentially no change in membership and
party affiliations, although the new institution's
responsibilities have been changed somewhat
by the new constitution
elections: National Assembly and Senate
last held 26-29 April 1994 (next to be held
2 June 1999); note the Senate was disbanded
and replaced by the National Council of
Provinces on 6 February 1997
election results: National Assembly percent
of vote by party ANC 62.6%, NP 20.4%, IFP
10.5%, FF 2.2%, DP 1.7%, PAC 1.2%, ACDP
0.5%, other 0.9%; seats by party ANC 252,
NP 82, IFP 43, FF 9, DP 7, PAC 5, ACDP 2;
Senate percent of vote by party NA; seats
by party—ANC 61, NP 17, FF 4, IFP 5,
DP 3
|
Executive:
(163B)
|
The
executive authority of the Republic is vested
in the President. The President exercises
executive authority together with the other
members of the Cabinet, by implementing national
legislation except where the Consitution or
an act of parliament provides otherwise; by
developing and implementing national policy,
by coordinating the functions of state departmnets
and administrations; preparing and insitating
legisation; and performing any other executive
funcitons provided for in the Constitution
or national legilsation.
*
*
chief of state: President Nelson MANDELA (since
10 May 1994); Executive Deputy President Thabo
MBEKI (since 10 May 1994); note the president
is both the chief of state and head of government
cabinet: Cabinet appointed by the president
elections: president and executive deputy
presidents elected by the National Assembly
for five-year terms; election last held 9
May 1994 (next scheduled for sometime between
May and July 1999)
election results: Nelson MANDELA elected president;
percent of National Assembly vote 100% (by
acclamation); Thabo MBEKI and Frederik W.
DE KLERK elected executive deputy presidents;
percent of National Assembly vote 100% (by
acclamation)
note: the initial governing coalition, made
up of the ANC, the IFP, and the NP, which
constituted a Government of National Unity
or GNU, no longer includes the NP which was
withdrawn by DE KLERK on 30 June 1996 when
he voluntarily gave up his position as executive
deputy president and distanced himself from
the programs of the ANC |
Judicial:
(163C)
|
The
judicial authority of the Republic is vested
in the courts. The courts are independent
and subject only to the Constitution and the
law, which they must apply impartially and
without fear, favour or prejudice. No person
or organ of state may interfere with the functioning
of the courts. Organs of state, through legislative
and other measures, must assist and protect
the courts to ensure independence. An order
or decision issued by a court binds all persons
to whom and organs of state to which it applies.
Thr courts are: The Cosntitutional Court;
the Supreme Court of Appeal; the High Courts
including any high court of appeals that may
be established by an Act of Parliament to
hear appeals from the High Courts; The Magistrates
Courts and any other court established or
recognised in terms of an Act of Parliament,
including any court of a status similar to
either the High Courts of the Magistrate's
Courts.
**
Constitutional Court; Supreme Court of Appeals;
High Courts; Magistrate Courts |
| What
legislation defines and governs the national
public service? When was it last modified?
(164) |
The
Constitution. The Public Service Act (1994).
The first Public Service Laws Amendment Act
(1996) . The Second Public Service Laws Amendment
Act (1998) Public Service Statute (coming
into effect in 1999) For copy of recent versions
please see www.gov.za/documents/comsublist.htm#Public
Service |
| What
regulations and/or guidelines govern the national
public service? When was it last modified?
(165) |
New
Public Service Regulations ( implemented in
1999) Code of Management Best Practice (1999)
Please see www.gov.za/documents/comsublist.htm#Public
Service as well as www.gcsis.gov.za/gov/psa/psa.htm |
What
collective agreements are binding on the national
public service? When were they last negotiated?
Which parties were involved? (166)
|
The
Public Service is bound by the Labour Relations
Act, the Basic Conditions of Employment Act
(1997), as well as the Public Service Act
in terms of labour relations and collective
agreements. These Acts have been negotiated
by a broad representative forum, including
organised labour, government and business
as well as in parliament . There is a National
Bargaining Chamber which negotiates ongoing
questions over labour agreements, wage disputes
and new legislation affecting government labour
relations which is representative of all the
public service unions and government. An example
of a recent matter that came before the national
bargaining chamber was the question of public
service salaries and wage increases for the
year 1999/2000. Some of the debate can be
seen on the web site of the Department of
Public Service and Administration.www.gcis.gov.za/gov/psa/psa.htm |
|
|
1998
|
1993
|
1988
|
Source |
| Number of ministries and independent statutory agencies |
31
|
40
|
36
|
UNDESA |
| Central government organigram (by UNDESA): |
|
| Political
History |
|
After
centuries of white rule, South Africa held
its first all-race election in 1994, which
were won by the African National Congress
(ANC). The party's leader, Nelson Mandela,
became president. The ANC increased its share
of the vote in the second all-race election
in June 1999. Thabo Mbeki, who replaced Mr
Mandela as ANC leader in December 1997, was
chosen as the new president, and formed a
national government in partnership with the
Inkatha Freedom Party (IFP). The ANC also
controls seven of the nine provincial governments.
The official opposition is the Democratic
Party (DP), led by Tony Leon. The next legislative
election is due by 2004.
F W de Klerk, who succeeded Mr Botha in 1989,
set about trying to save Afrikaner interests
while dismantling apartheid structures. In
February 1990 he lifted the ban on the ANC
and other proscribed organisations and released
political prisoners, most significantly the
ANC leader, Nelson Mandela, who had spent
27 years in prison. In 1992 Mr de Klerk won
a firm mandate for change in a whites-only
referendum, although it was Mr Mandela's demanding
but conciliatory style that dominated the
negotiations, institutionalised in the Convention
for a Democratic South Africa (Codesa). The
main challenge to the transition process came
from the Inkatha Freedom Party (IFP), the
ruling party in the defunct KwaZulu homeland,
which had been engaged there in an unofficial
war with the ANC since the mid-1980s.
In spite of threats to boycott the general
election in 1994, the IFP did take part at
the last minute. The election, held in April,
defied widespread fears of violence; the turnout
in most areas was high and the buoyant public
mood carried the voting over a number of organizational
hurdles. After some delay, final results gave
the ANC nearly 63% of the vote, leaving slightly
more than 20% to the NP and just over 10%
to the IFP. The mainly white liberal Democratic
Party (DP) and the Pan African Congress (PAC;
one of the historical anti-apartheid movements)
failed to win 5% of the votes; the white Conservative
Party (CP) boycotted the election.
Mr Mandela was elected president in May 1994
at the first sitting of the all-race National
Assembly. A Government of National Unity (GNU)
was formed, bringing together the ANC, the
NP and the IFP, which was to govern South
Africa through the first five years of its
transition. Thabo Mbeki of the ANC and Mr
de Klerk were made first and second deputy
presidents respectively.
|
The
ANC's position was strengthened by local council
elections in November 1995, where it won 64%
of the vote. The ANC quickly became the dominant
partner in the GNU over the NP and the IFP,
and Mr de Klerk led the NP out of the coalition
in July 1996. The IFP also threatened to leave
the GNU before the 1999 election but remained
in place.
The second multiracial election was held on
June 2nd 1999. This time, the Independent
Electoral Commission (IEC) was able to organise
a largely free and fair election, although
several million South Africans did not register
on the voters' roll. The major question was
whether the ANC would achieve a two-thirds
majority, which would allow it to unilaterally
change portions of the constitution. In the
end the ANC won a crushing victory, but fell
fractionally short of the required two-thirds
majority. The DP increased its support to
almost 10% of the vote, displacing the renamed
New National Party (NNP) as the official opposition.
The NNP was soundly beaten in most white areas,
maintaining its support only in the Cape Coloured
areas, and won only 7% of the total vote.
Contrary to expectations, the IFP obtained
almost 9% of the vote. The United Democratic
Movement (UDM), a new multiracial party, gathered
some 3% of the vote, while extremist white,
black and mixed Christian parties gained only
minimal support.
Mr Mbeki was inaugurated as president on June
14th and appointed a 22 - member cabinet.
Mr Mbeki strengthened his position by merging
the offices of the deputy president and the
president into one apparatus. This probably
prompted Mr Buthelezi to turn down the position
of deputy president, which would have cemented
the ties between the ANC and the IFP. Instead
the ANC's deputy leader, Jacob Zuma was appointed
to the deputy president's position. The IFP
did hold on to three cabinet posts, including
the home affairs portfolio for Mr Buthelezi.
None of the other parties are represented. |
|
|
| Transparency International's Corruption Perceptions Index (CPI) has assumed a central place in debates about corruption. It is used by economists, academics, business people and journalists. The growing importance of the CPI has stimulated interest in the methods used to compile it each year. This document, complementing the publication of the 1999 CPI and the press materials published with it, provides an in-depth explanation of the methodology.
The goal of the CPI is to provide data on extensive perceptions of corruption within countries. This is a means of enhancing understanding of levels of corruption from one country to another. It does not attempt to assess the degree of corruption practiced by nationals outside their own countries. This is a separate phenomenon and a separate instrument, the Bribe Payers Propensity Index (BPI), is published this year for the first time.
|
|
|
|
|
|
|
|
|
|
